Supreme Court Strikes Down 'Stolen Valor' Law

Wall Street Journa;l ^ | June 28, 2012 | Evan Perez

[BIGLOOK]

WASHINGTON—The Supreme Court cited First Amendment rights to free speech in striking down a law that made it a federal crime to falsely claim to have been awarded military-honor medals.

The 6-3 majority opinion upheld a Ninth U.S. Circuit Court of Appeals decision that had declared unconstitutional the Stolen Valor Act, a 2006 statute Congress passed "to protect the reputation and meaning" of military honors.

[napscoordinator]

I knew that would be struck down...I think it is tragic that someone would fake being a war hero....However, the First Amendment is far more important in the big scheme of things.

[Star Traveler]

One should note here that while the US Supreme Court does have the FINAL SAY in the Judicial system - it does NOT HAVE THE FINAL SAY - in our overall “political system”.

The Founding Fathers established a procedure by which the people can OVERRIDE the US Supreme Court in the Judicial System and completely negate a “final decision” that it makes. That was done with the Dred Scott decision and slavery, for example.

Of course, the Founding Fathers didn’t want the US Constitution changed for “any whim of the day” and so made it so that it would take at least 3/4 of the States in the United States to affirm a Constitutional Amendment - once it was put forth by Congress.

SO ... if this is an issue that is of MAJOR CONCERN to the “people” of the USA, they WILL OVERRIDE the US Supreme Court in this issue.

[newzjunkey]

Despite the "good intentions" this ruling was a give-me. There was no justification for how the law was written since it overextends into private communications rather more narrowly aiming for cases where fraud is occurring.

Real constitutional conservatives would understand this.

[Cyber Liberty]

Not surprising at all.

[gdani]

I can fully understand people (me included) get upset when people claim military honors they never received.

But striking down this misguided law is a victory against big government. What would be next, making it a federal criminal offense to lie on a dating website?

[BIGLOOK]

Good morning Doc and all......or is it? We'll get back to that.

It wasn't a very good one for me, awake at 0200 and couldn't go back to sleep thinking something sinister was coming. doubly sinister in these cases now I just wonder what's going to happen in Holder's Contempt of Congress determination.

Rockets sometimes came in threes a long time ago.

[BIGLOOK]

What would be next, making it a federal criminal offense to lie on a dating website?

Or a job application, a college transcript, a CoLB? Hmmmm ....you may be right, 30% of the population would be out of a job, not counting the illegals

[Tammy8]

I thought it was against the law to claim MOH if not earned before Stolen Valor became law- now I am confused... I know you were joking, your post just made me wonder about how that works now...

[FreeAtlanta]

Ok, so perceived crimes of thought such as “Hate Crimes” are constitutional, but crimes with real evidence like lying about doing something you didn’t do are unconstitutional. It is a screwed up world.

[a fool in paradise]

Fine, but anyone correcting this bad behavior should be immune from prosecution!

Provoking a riot (e.g., shouting Fire in a crowded theater) is not protected speech.

Neither is slander, perjury, libel, or treason.

[Vineyard]

Well, the Chief Weasel, John Roberts, has pointed the way to “fix the problem.”

Pass a new “STOLEN VALOR TAX”, and individuals who claim to have military honors that are unearned are subject to a 75% income tax.

There....Fixed It!! Roberts has declared that Congress has the right to pass all sorts of taxes!! So why not tax speech that is shown to be lies. (And then later on, we can grow that line to tax political speech that is “judged” to be incorrect ....with people like Nazi Pelosi as the judge ....)

CONSTITUTION ....limited Government??? WE DON’T NEED NO STINKIN’ CONSTITUTION!!

[BIGLOOK]

We're all mad here....

[RetiredTexasVet]

I have just this minute claimed a PHD. You may now address me as Doctor RetiredTexasVet. I may not have earned it, but my free speech authorizes it per the Supreme Court.

[SuperLuminal]

Wow! Guess his means that I can freely talk about my 9 CMH's, 8 Navy Crosses, 28 Purple Hearts, and 2 Nobel Peace Prizes...(And this is just from one marriage...)

[BIGLOOK]

Good ta meet ya, Doctor RetiredTexasVet.

[MasterGunner01]

Solution: After we throw Obozo out, we reauthorize the Stolen Valor Act and tell the lawyers to stick it where the sun does not shine. That is, the Stolen Valor Act is NOT subject to judicial review.

[mountainlion]

I am going to get a judge costume and become an insane supreme court judge.

[ConorMacNessa]

Aloha, Shipmate! The flaming Bolsheviks in my office are gloating about Obamacare and don't seem to care much about Stolen Valor. If Obama keeps pissing off the American People like this, I think we will see bloodshed in the very near future.



Genuflectimus non ad principem sed ad Principem Pacis!

Listen, O isles, unto me; and hearken, ye people, from far; The LORD hath called me from the womb; from the bowels of my mother hath he made mention of my name. (Isaiah 49:1 KJV)

[Grampa Dave]

"I wonder what kind of threat they are holding over Roberts? He has voted conservative in the past, but evidently no longer."

http://2012.talkingpointsmemo.com/2012/06/nancy-pelosi-health-care-law-supreme-court-obamacare.php

"Hey Justice John, Nancy is really great in bed isn't she, and her pictures of you in bed with her are ready to go on You Tube if you don't vote for us!"

[SandRat]

I can not post my feelings on this on FR.